Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1887-01-20

JUDaE HoYTs RECENT OPINION

The opinion of Judge Hoyt, delivered
at Olympia some lays ago, confirming
the giant of lands to the Northern Pa
citc Railroad company on tn. line from
Portland to Tacoma, has been printed, |
aud the Orey"nian has been favor ii
with copy 1t is Il matter OF great im-
portancc, made so by the action taken 10y
the commissioner OF the general land
office at Washington, VIII" denied tha,
there was any grant nf lands to the com
pany on their line between Portland aud
Tacoma. Determination of this question
Judge H"yt said, must rest upon inter
pr"ta'iun OF thlec acts If congress, name
'y: the act of July :, 1864, which WAS
the ori-,nal act OF Incorporation by which
the C mpany W IS au h"rized to construct
the road, and by which the grant of
lands " made; the joint resolution of
April 10, 1869, which aurhnriz d the
conn any to extend its line from Portland
t" Puget Sound, and the joint resolution.
Of Nay 81, 1870, by which the company
| was given the !. i.ht "to locate and con
s'ruct under the provisions aud with the
privileges, grants and duties provided in
lis act of Incorporation, its main road To
some point "n Puget sound via the valley
OF the Columbia river, with the ,ight to
locate and construct its branch from some
nvenirn' point on its trunk liua across
the Cascade mountains t. puget Sound. "
Judge Iloyt SAYS that the questions
in this case are the most important ever
presented to q court in the territory. and
that he has given his best attention to
consideration Of them. What then, he
asked. is the reasonable aud fair iutcr
pr-ta'i"n Of the acts?
In the original act the main line was
to 90 to Puget sound on the most eligible
route north of the As parallel, and there
was to be a branch down the Columbi,
river to Portland There was amhig,y
in this; for the 45,h parallel itself falls a
considerable distance south Of the line
upon which the Columbia river pi,rcrs
the Cascade mountains. And vet it i.
apparent enough that the ro,l.e for tn,
main line, intended in the original grant
could not fall in the Columbia valley
since provision has been made for q
branch there. The primary otj.rt of tn,
original act. as Judge Hoyt trnIy says
was to secure railroad across the con
tin mt m Puget unl; the secondar,
Obi Ct. railroad to Portland Th,
effect of the Joint resolution of May 81
1870, was to designate the road dowr
the Columbia to Portland as the mar
line, and the road from some convcnipn
point on the main trunk across thu
Cascade mountains to Puget sound IL
the branch line; or as Judge Hoyt ru,
it, "the only effect as to the main lin
was to make certain that which bpfor
VS. doubtful, III" ri.ht to cate is dow
the valley Of the Columbia, on its way t.
the same terminus provided in tn
! original act" For" he continue,
excepting in mind that the con -truc,io
"t this main liue was to Puget SCUM
WAS the primary object Of this legislation
: and that to insure the accomplishment
thereof tho grant was originally made,
seems too clear for argument that sur'
grant could not be taken away by til
resolution, th- only effect Of which Wa
to rem"ve the embarrassment which til
compa y Was laburiny in locating sue
I'm by reason OF the provision in tn
original act hr hr ,nch down tn
Columbia river to Por land"
Upon tins Reasoning the resolution 4
April 10, 1869, could have no force i
determining the status Of the original nc
and would really have no place in cor
-ideratioo of the question whether lher
was grant of land to the company .
' the line from Portland and Tacoma, F,
mot. This portion of the grant dues D,
depend, then, t"r its validity on the r.s'
I luti"ns Of April 10, 1869, which Con
missioner Sparks decided could not co'
vey a grant of land, but on the pr..vi.iu,
nf the original act which granted LAM
to aid the construction Of railway aero
the continent to Puget Sound.
Will the Oregouiaa does not und'
take I" pr dict what tn. final dr,r,min
ti"' ot the question will hr by the cou
Of last resort. il may say, nevertheless
that i, finds Judge Ho,ts opini vel
able ore; nor is il able to sse on VIII,
= gr.un Ia II can be controverted
\ reversed.